Q: My German wife of 2 yrs ... able to divorce me from Germany, which she now lives?
She moved back to Germany 4 months ago. We did not finish paperwork in Germany to recognize our marriage. Her Green card expires in June. She never contributed financially & is threatening to take my money. Can she have a German attorney to try to take half of my finances???
A: Your wife should be able to divorce in Germany, however the German court will not have jurisdiction over property in the US. It is possible to transfer an out-of-state (or foreign) order to the US, but this is very rare (and subject to review by US courts). Your wife can also divorce you in the US, while she stays in Germany (with the help of a lawyer). In the alternative, she can get a special visa to appear for a trial in the US. I do not know about 50% of the marital estate from 2 years of marriage, but she will get something from the marital estate (you are, after all, married). Don't go down the road that she didn't work so you should not have to divide property--that argument died in the 1960s.
A: If you all last lived together in Colorado then Colorado would have jurisdiction over her tied into a divorce and it would be appropriate to file here. If she files in Germany, you will need to contact a German attorney to assess the situation and whether the German court could also have jurisdiction over you. A German court shouldn't be able to affect any property interests in the US. If the marriage was not properly perfected in Germany she may not be able to do anything there. Under Colorado law she shouldn't be able to take half of your assets. However, she may be able to make a claim for her share of any property acquired during the marriage, including any increase in value to premarital property.
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